Search - contravention

., contends the respondent, unless the Minister has not had regard to all the circumstances of the employment (as required by subparagraph 3(2)(c)(ii) of the Act), has considered irrelevant factors, or has acted in contravention of some principle of law, the court may not interfere. ...

., contends the respondent, unless the Minister has not had regard to all the circumstances of the employment (as required by subparagraph 3(2)(c)(ii) of the Act), has considered irrelevant factors, or has acted in contravention of some principle of law, the court may not interfere. ...

He stated that everyone should be treated equally before the Court, that we are all equal in the eyes of the law as set out in section 15 of the Canadian Charter of Rights and Freedoms. [6]            Counsel for the Respondent did not agree that to deny the Appellant fees for the services of counsel would be in contravention of the Charter. ... Therefore, I do not accept his argument that the Rules are in contravention of the Charter. ...

Indeed, the Court will only strike out a statement of claim if it is plain, obvious and beyond doubt that the claim is one which cannot succeed. [5]      As I have noted, the claim arises from the undervaluation of goods, for customs purposes and the resulting failure to pay appropriate duty, on the proper value under sections 17 and 32 of the Customs Act, the latter section also referring to regulations. [6]      Section 24(1) of the Customs Act allows the customs officer, believing on reasonable grounds that there has been a contravention of the Act, to take various steps including serving a notice demanding payment. ... [emphasis added] The key concept to take from this is that the Court is limited to a consideration of whether there has been a contravention of the Customs legislation opening the goods and the plaintiff to liability under the Notice of Ascertained Forfeiture. [9]      The law obliges an importer of goods to properly declare them, including by declaring a proper value, and to then pay the appropriate duty. ...

Further, I find the Registrar as a Taxing Officer did consider all matters raised by the Appellant and, I can not find in the submissions or the filed Affidavit in this proceeding any contravention of section 154 of the Rules of Procedure. In essence, I find the Registrar as the Taxing Officer had the authority to act, considered all submissions and has not acted in contravention of some principle of law. ...

Moreover, unless it be shown that the Minister has acted in contravention of some principle of law the Court, in their Lordships’ opinion, cannot interfere: the section makes the Minister the sole judge of the fact of reasonableness or normalcy and the Court is not at liberty to substitute its own opinion for his. ...

The visa officer has wide discretion in assessing the evidence and coming to a decision, however the decision must be based on reasonable findings of fact. [17]   The Officer’s decision includes three factors that the Applicant argues are unreasonable: (1) family ties in Canada; (2) economic motives to remain in Canada; and (3) the Applicant’s prior contravention of the conditions of a study permit. 1.   ... Prior Contravention of Conditions of a Study Permit [24]   The Officer was not satisfied that the Applicant would comply with the conditions of a study permit based on his personal history. ... The Officer’s reasons related to the Applicant’s contravention of his prior study permit are transparent, intelligible, and supported in the record. [29]   Considering these three factors, the Officer’s decision appears unreasonable. ...

Instead, the Act permits the Minister, on reasonable and probable grounds, to assess a monetary penalty against a person or corporation for an alleged contravention.  ... The person or corporation named has the choice of either paying the penalty or requesting a review of the alleged contravention or the amount of the penalty, or both.  If the person or corporation chooses the settlement option, section 7.9 of the Act bars any further proceedings in respect of that contravention. ...

Subsection (4) of sec. 84 further provides that any money paid or given in contravention of the section may be recovered from the licensee by the person making the payment. ... Finally, it was argued that the policy pursued by the appellant was an evasion, and in the manner of its procedure was a contravention, of the provisions of the Government Liquor Control Act, 1928, of Manitoba. ... With reference to these provisions, it is stated that a large part of the beer was bought on credit and the submission is that such a method is a direct contravention of the section. ...

As a further ground for challenging the said assessment this appellant has submitted that any purported agreement of purchase and sale made in contravention of section 26 of The Planning Act, RSO 1960, c 296 is void and of no legal effect and any amount purported to be payable thereunder by a prospective purchaser is not, in fact, a legally collectable amount by the vendor. ... Subsection 10(3) referred to is as follows: 10. (3) The contravention, before this section comes into force, of section 26 of The Planning Act or a predecessor thereof or of a by-law passed under section 26 or a predecessor of section 26 or of an order made under clause b of subsection 1 of section 27 of The Planning Act or a predecessor thereof does not have and shall be deemed never to have had the effect of preventing the conveyance or creation of any interest in land, provided that this section does not affect the rights acquired by any person from a judg- ment or order of any court given or made in any litigation or proceedings commenced on or before the day this section comes into force. ... Part of the amending legislation in subsection 10(3) of The Planning Amendment Act specifically deals with the existing situation herein as follows: The contravention before this section comes into force, of section 26 of The Planning Act... does not have and shall be deemed never to have had the effect of preventing the conveyance or creation of any interest in land... ...